TESDA CIRCULAR

Subject: Amendment of Section XVII - Sanctions Page 1 of 8 pages

and Penalties of the Amended Number o23 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

In the interest of the service and in order to deter the increasing number of
reports concerning repeated violations of private TVIs with respect to the guidelines
on WET Program Registration, Section XVII — Sanctions and Penalties of TESDA
Circular No. 07, Series of 2016 on the Amended Omnibus Guidelines on Program
Registration under the Unified WET Program Registration and Accreditation
System (UTPRAS) is hereby amended to include the following provisions:

XVII. SANCTIONS AND PENALTIES

A. Offering of an unregistered training course, qualification or program.

Evidence of mere public offering of an unregistered course or program is

considered as public fraud or misrepresentation and is sufficient to
constitute this offense.

1. If the WI has no existing CTPR:

a. The WI shall be issued with a cease and desist order from offering
the unregistered training course, qualification, or program.
b. The WI shall not be allowed to apply for any program registration.
c. The unregistered training course, qualification or program/s of WI
shall be posted in the TESDA website

2. If the WI has existing CTPR/s:

a. Revocation of the CTPR for the program concerned.
b. Full refund of the scholarship funds received if payment was made.
c. Disapproval of payment of the scholarship funds if payment is not
yet made.
d. Delisting of program/s concerned and/or WI in the Compendium
and TESDA website.
e. Prohibition on the delisted WI to apply for any program
registration,
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 2 of 8 pages
and Penalties of the Amended NumberO23 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated f TESDA Circular No. 07 S. 2016

B. Any false declaration, fraud and deceit in connection with the

TVI's/company's submission of documentary requirements for its
application for program registration.

The false information must be of material importance leading to the

considerable approval of the application. On the other hand, overt acts
are considered to constitute fraud and deceit in application.

1. If the WI has existing CTPR/s:

a. Revocation of the CTPR for the program concerned.

b. Revocation of all other existing CTPRs.
c. Full refund of the scholarship funds received if payment was made.
d. Disapproval of payment of the scholarship funds if payment is not
yet made.
e. Delisting of program/s concerned and/or WI in the Compendium
and TESDA website.
f. Prohibition on the delisted WI to apply for any program
registration.

2. In case the application for program registration of the WI is

not yet approved:

a. Denial of the subject application for program registration.

b. Posting of unregistered program/s of WI on TESDA website
c. Prohibition on the applicant WI to apply for any program
registration.

C. Sharing of Program Registration by a TVI to either its affiliate,

subsidiaries, branch, or to any third person.

1. For the Lender:

a. Revocation of the CTPR for the program concerned.

b. Revocation of all other existing CTPRs.
c. Full refund of the scholarship funds received if payment was made.
d. Disapproval of payment of the scholarship funds if payment is not
yet made.
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 3 of 8 pages
and Penalties of the Amended Number 023 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

e. Delisting of program/s concerned and/or WI in the Compendium

and TESDA website.
g. Prohibition on the delisted WI to apply for any program
registration.

2. For the Borrower:

2.1 In case the borrowing WI has no registered program/s

a. Prohibition on the TVI to apply for any program registration

b. Posting of unregistered program/s of WI on TESDA website.

2.2 In case the borrowing WI has other registered

programs:

a. Revocation of all other existing CTPRs.

b. Full refund of the scholarship funds received if payment was
made.
c. Disapproval of payment of the scholarship funds if payment is
not yet made.
d. Delisting of program/s concerned and/or WI in the
Compendium and TESDA Website.
e. Prohibition on the delisted WI to apply for any program
registration.
f. Posting of unregistered program/s of WI on TESDA website.

D. Failure of the TVI to continuously comply within a specified time

frame as determined in any audit conducted by TESDA or a TESDA-
authorized third party auditor in cases where there is no fraud,
misrepresentation, or falsification.

1. Revocation of the CTPR for the program concerned.

2. Full refund of the scholarship funds received if payment was made.
3. Disapproval of payment of the scholarship funds if payment is not yet
made.
4. Delisting of program/s concerned and/or WI in the Compendium and
TESDA website.
5. Prohibition on the delisted WI to apply for any program registration
for a period of three (3) years.
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 4 of 8 pages
and Penalties of the Amended Number 023 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

E. Failure of the TVI to migrate its program from NTR to WTR or from
old WTR to updated WTR within the prescribed period indicated in
implementing guidelines of the relevant Training Regulations.

1. Revocation of the CTPR for the program concerned.

2. Full refund of the scholarship funds received if payment was made.
3. Disapproval of payment of the scholarship funds if payment is not yet
made.
4. Delisting of program/s concerned and/or TVI in the Compendium and
TESDA website.
5. Prohibition on the delisted WI to apply for any program registration
for a period of three (3) years.

F. Failure of the TVI to submit the MIS 03-02 reports within the
prescribed period for three (3) consecutive offerings.

1. Revocation of the CTPR for the program concerned.

2. Full refund of the scholarship funds received if payment was made.
3. Disapproval of payment of the scholarship funds if payment is not yet
made.
4. Delisting of prograrrils concerned and/or WI in the Compendium and
TESDA website.
5. Prohibition on the delisted WI to apply for any program registration
for a period of three (3) years.

G. Fraud, falsification, misrepresentation, or any other similar acts by

the TVI that tend to undermine, destroy and cast doubt on the
credibility of conduct of TESDA scholarship training programs.

1. Revocation of the CTPR for the program concerned.

2. Revocation of all other existing CTPRs.
3. Full refund of the scholarship funds received if payment was made.
4. Disapproval of payment of the scholarship funds if payment is not yet
made.
5. Delisting of program/s concerned and/or WI in the Compendium and
TESDA website
6. Prohibition on the delisted WI to apply for any program registration.
 TESDA CIRCULAR
,
Subject: Amendment of Section XVII - Sanctions Page 5 of 8 pages
and Penalties of the Amended Number 02.3 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

H. Ghost Training

1. Revocation of the CTPR for the program concerned.

2. Revocation of all other existing CTPRs.
3. Full refund of the scholarship funds received if payment was made
4. Disapproval of payment of the scholarship funds if payment is not yet
made.
5. Delisting of program/s concerned and/or TVI in the Compendium and
TESDA website.
6. Prohibition on the delisted WI to apply for any program registration.

I. Ghost Trainees - refer to persons reported to have attended a training

solely for the purpose of obtaining payment of the corresponding
scholarship allocation, but upon verification by TESDA were found out to
be fictitious.

1. Revocation of the CTPR for the program concerned

2. Revocation of all other existing CTPRs.
3. Full refund of the scholarship funds received if payment was made
4. Disapproval of payment of the scholarship funds if payment is not yet
made
5. Delisting of program/s concerned and/or WI in the Compendium and
TESDA website.
6. Prohibition on the delisted WI to apply for any program registration.

J. Exaction of any unauthorized fees from the trainees

1. Revocation of the CTPR for the program concerned.

2. Revocation of all other existing CTPRs.
3. Full refund of the scholarship funds received if payment was made.
4. Disapproval of payment of the scholarship funds if payment is not yet
made.
5. Delisting of program/s concerned and/or WI in the Compendium and
TESDA website.
6. Prohibition on the delisted WI to apply for any program registration.
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 6 of 8 pages
and Penalties of the Amended Number 023 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

K. Closure of Programs

1. The procedures in the implementation of sanctions/penalties and

voluntary closure of program shall follow the Operating Procedures on
Compliance Audit (TESDA OP-CO-02).

2. After the exercise of due process, the CTPR shall be revoked and the
subject program shall be delisted from the Compendium of Registered
Programs and the TESDA website.

3. Within fifteen (15) calendar days after receipt by the institution of the
notice of revocation from the TESDA Regional Director, the
TVI/company may file a Motion for Reconsideration with the Office of
the Director General, indicating its responses to the specific adverse
findings of TESDA which led to the revocation. The decision of the
Director General on the matter shall be final and executory.

4. During the pendency of the closure proceedings, the WI is prohibited

from accepting new enrollees. Nonetheless, enrolled trainees of the
concerned WI should not be prejudiced by these administrative
proceedings and should instead be allowed to complete their training
and obtain their credentials thereafter.

5. For WI with granted scholarship allocations, in the event that the WI

concerned discontinues the conduct of its training after being served its
Notice of Program Closure, it shall be the policy of the corresponding
TESDA Provincial/District Offices (POs/DOs) to stop the payment of
funds to the WI which program has been subjected to closure. The
Regional Office shall re-allocate the scholarship funds given to the
PO/DO in accordance with the Omnibus Guidelines on TESDA
Scholarship Programs and government accounting and auditing rules
and regulations. It shall be the responsibility of the respective POs/DOs
to afford the trainees of the WI which program/s were closed the
opportunity to transfer to another WI subject to existing guidelines on
program registration. At any rate, the interest of the trainees must be
the paramount concern of the POs/DOs.
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 7 of 8 pages
and Penalties of the Amended Number 02 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

6. In case an act or omission of fraud or deceit tantamount to a crime is

committed, the perpetrator/s shall be prosecuted after observance of
due process.

7. TESDA officials and personnel who will be proven to take part in any of
the violations committed by the TVI/company within its jurisdiction shall
be subject to proper disciplinary action in accordance with the 2017
Rules on Administrative Cases in the Civil Service (2017 RACCS). This
is without prejudice to any criminal liability which may be incurred under
the Revised Penal Code and other special laws.

8. In the interest of service and in order to ensure proper compliance with

these guidelines, an Investigation Committee shall be created by the
Director General to conduct a fact-finding inquiry and submit
recommendation thereto within thirty (30) days for appropriate action by
the Director General as to the commission of the violations. This shall
be without prejudice to the imposition of sanctions/penalties and
closure of programs by virtue of a properly conducted compliance audit
and exercise due process.

The Committee shall continue to handle all disciplinary complaints in

relation to this Circular. In cases where preliminary and formal
investigations shall be required, the same shall be conducted in
accordance with the 2017 Rules on Administrative Cases in the Civil
Service (2017 RACCS) as promulgated by the Civil Service
Commission (CSC).

9. Within fifteen (15) working days after the termination of the

investigation, the Investigation Committee shall submit its report and
recommendation to the Office of the Director General for its appropriate
action.

SEPARABILITY CLAUSE:

Should any provision or part of this Circular be declared by competent

authority to be invalid or unconstitutional, the remaining provisions or parts thereof
shall remain in full force and effect and shall continue to be valid and effective.
 TESDA CIRCULAR
Subject: Amendment of Section XVII - Sanctions Page 8 of 8 pages
and Penalties of the Amended Number 023 Series of 2019
Omnibus Guidelines on Program
Registration under the Unified TVET
Program Registration and
Accreditation System (UTPRAS)
Date Issued: Effectivity: Supersedes: Section XVII of
March 4, 2019 As indicated TESDA Circular No. 07 S. 2016

EFFECTIVITY:

This TESDA Circular shall take effect fifteen (15) days after publication of the
TESDA Board Resolution No. 2019 - 14. Approving the Amendments to Section XVII
of the Amended Omnibus Guidelines on Program Registration under the Unified
WET Program Registration and Accreditation System (UTPRAS) or the TESDA
Circular No. 07 s. 2016. The concerned Central, Regional and Provincial/District
Offices are hereby enjoined to ensure proper deployment of this Circular.

SEC. IdR*. LAPERA, PhD., CSEE

Director General (kliov